SUBHASH RATHI Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings pertaining to the land of the petitioner comprised in Khasra Nos. 258, 260, 262, 263, 266, 271, 288, 303, 468 and 469 situated in the revenue estate of Village Masoodpur, Tehsil Kapashera, New Delhi to the extent of respective share of the petitioner are deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act') as compensation has not been paid to the petitioner although possession has been taken.

(2.) Learned counsel submits that LAC has failed to place on record a single document to show that the compensation was tendered to the petitioner herein.

(3.) The counter-affidavit has been filed by LAC. Ms. Tyagi, learned counsel for respondent submits that admittedly possession has been taken. As far as compensation is concerned, compensation of Rs.38,978/- was duly paid to the predecessor-in-interest of the petitioner, one Shri Teka, on 27.06.1969. Since counsel for the petitioner has strongly urged before us that there is no document on record which would evidence the payment having been made, we had directed production of the relevant record. The relevant record, part of which is in Urdu, has been produced along with English translation. The English translation reads as under:-